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ORDINANCE NO. 5464 (New Series.) 

REGULATING AND ESTABLISHING THE LOCA- 
TION OF TRADES, INDUSTRIES AND BUILD- 
INGS, AND THE LOCATIONS OF BUILDINGS 

DESIGNED FOR SPECIFIC USES, AND ESTAB- 
LISHING THE BOUNDARIES FOR SAID PUR- 
POSES, AND PROVIDING PENALTIES FOR 

THE VIOLATION OF ITS PROVISIONS. 

Be it ordained by the People of the City and County of 
San Francisco as follows : 

DEFINITIONS. 

Section 1. For the purpose of this ordinance certain 
terms herein used are herewith defined; all words used 
in the present tense shall include the future; all words in 
the singular number shall include the plural number ; the 
word “lot” includes “plot,” and the word “building” in- 
cludes “structure.” 

Accessory — The word “accessory” means a subordinate 
building or portion of a main building whose use is inci- 
dental to that of the main building. 

Apartment — The word “apartment” means a room or a 
suite of two or more rooms in a tenement house, occupied 
or suitable for occupation as a residence for one family 
doing its own cooking on the premises. One person may 
be construed to be a family. 

Building — The word “building” means a structure for 
the support, shelter or enclosure of persons, animals or 
chattels, and when separated by division walls of masonry 
from the ground up, and without openings, then each 
portion of such building shall be deemed a separate 
building. 

Business or Commerce — The words “business” and 
“commerce” mean the occupation or employment of buy- 
ing, selling, bartering and exchanging goods, wares and 
merchandise or other personal property or real property 
or any interests therein for profit or livelihood, and also 
the ownership or management of office buildings, offices 
and recreational or amusement enterprises. 

District — The word “district” means an entire city 
block, any part thereof or two or more contiguous blocks. 

Dwelling- — The word “dwelling” means any house or 
building or portion thereof which is occupied in whole or 
in part, as the home, residence or sleeping place either 
permanent or transient of one or more human beings. 

Industry— The word “industry” when used in this or- 
dinance means the storage, repair, manufacture, prepara- 
tion or treatment of any article, substance or commodity 
whatsoever and including the operation of garages and 
stables. 

Lot — The word “lot” shall mean land bounded by defi- 
nite lines and occupied or to be occupied by a building 
or its accessory buildings together with the land, yards, 
courts and area spaces used in connection with such 
buildings. 

Story — The word “story” means that portion of a build- 
ing included between the surface of any floor and the 
surface of the next floor above it, or if their be no floor 
above it then the space between such floor and the ceiling 
next above it. 

Street Line — The term “street line” means the bound- 
ary line between street and abutting property. 

Use — The word “use” means the purpose for which a 
building is or may be occupied. 

USE DISTRICTS. 

Section 2. Use Districts — For the purpose of regu- 
lating and establishing the location of trades and indus- 
tries, businesses, dwellings and the location of buildings 
designed for specific uses, the City and County of San 
Francisco is hereby divided into six classes of district : 
(1) First Residential District, (2) Second Residential 


District, (3) Commercial District, (4) Light Industrial 
District, (5) Heavy Industrial District, (6) Unrestricted 
District, as shown on the use of property zone maps, 
sections 1 to 14 inclusive, which accompany this ordi- 
nance and are hereby declared to be part hereof. 

The use districts designated on said maps are hereby 
established. The use of property zone map designations 
which accompany said use of property zone maps are 
hereby declared to be part hereof. No building or prem- 
ises shall be erected or used for any purpose other than 
a purpose permitted in the use district in which such 
building or premises are located. 

Section 3. First Residential District — In a First Resi- 
dential District no building or premises shall be used and 
no building shall be constructed or altered which is ar- 
ranged, intended or designed to be used for any purpose 
other than for : 

1. Single family dwelling. 

2. School. 

3. Church. 

4. Community club house. 

5. Nurseries, farms, truck gardens and greenhouses. 

6. The usual accessories located on the same lot 
with these various buildings not involving the conduct of 
a business, but including the office of a musician, physi- 
cian or dentist or other person authorized by law to prac- 
tice medicine when situated in the same dwelling when 
used by such person as his or her place of residence ; and 
a garage or group of garages containing space for not 
more than four automobiles. 

7. A dwelling designed for and intended to be used 
for two families providing that at least five thousand 
(5000) square feet of open area shall remain upon the lot 
upon which such structure is erected. 

The Board of Supervisors may issue permits for the 
erection within a First Residential District of a tempo- 
rary building for commerce or industry incidental to the 
construction of a building or the development of a resi- 
dential district; and they may also issue permits for the 
erection within such district of a stable for not more than 
two cows or two horses. 

Section 4. Second Residential District — In a Second 
Residential District no building or premises shall be used 
and no building shall be constructed or altered which is 
arranged, designed or intended to be used for any pur- 
pose other than the purposes specified in Section 3, and 
those of a 

1. Tenement house or apartment house. 

2. Flat. 

3. Bodrding or lodging house. 

4. Hotel. 

5. Library. 

6. Public building. 

7. Hospital or sanitarium. 

8. Police Station. 

9. Fire Station. 

10. Philanthropic and eleemosynary institution other 
than a correctional institution. 

Section 5. Commercial District — In a Commercial 
District no building or premises shall be used and no 
building shall be constructed or altered which is ar- 
ranged, intended or designed to be used for any of the 
following specified trades, industries and uses : 

1. Automobile repair shop, unless conducted in con- 
nection with a public garage and as a part thereof. 

2. Bakeries employing more than five persons. 

3. Blacksmith or horseshoeing establishments. 

4. Bottling works. 

5. Carting, express or hauling yard or storage yard 
other than for fuel. 


6. Contractors’ plant or storage yard. 

7. Cooperage. 

8. Laundry employing more than ten people. 

9. Lumber yard. 

10. Uses excluded from the Light Industrial District. 

11. Any kind of manufacturing other than manufac- 
turing clearly incidental to a retail business conducted 
on the premises or light manufacturing conducted on any 
floor above the ground floor of a building. 

PROVIDED, however, there may be maintained in a 
Commercial District the following: 

1. Printing shops and the business of publishing a 
newspaper. 

2. Light Industries clearly incidental to the opera- 
tion of an Amusement Park. 

3. Electric sub-stations and telephone exchanges. 

4. Public garages and gasoline service stations may 
be conducted in a Commercial District only under per- 
mits granted by the Board of Supervisors. 

No uses permitted by Sections 3 and 4 hereof shall 
be excluded from the Commercial District. 

Section 6. Light Industrial District— All uses permit- 
ted in a Commercial District shall be permitted in a Light 
Industrial District. In a Light Industrial District no 
building or premises shall be used and no building shall 
be constructed or altered which is intended or designed 
to be used for any of the following specified trades, in- 
dustries or uses: 

1. Acetylene gas manufacture. 

2. Ammonia, chlorine or bleach powder manufacture. 

3. Asphalt manufacturing or refining. 

4. Blast furnace. 

5. Boiler works. 

6. Brick, tile or terra cotta manufacture. 

7. Celluloid manufacture or treatment. 

8. Creosote treatment or manufacture. 

9. Coke ovens. 

10. Dyestuff manufacture. 

11. Gas manufacturing. 

12. Gunpowder manufacture or storage. 

13. Lamp black manufacture. 

14. Lime, cement or plaster of paris manufacture. 

15. Petroleum refining. 

16. Potash refining. 

17. Rolling mill. 

18. Ship yard. 

19. Smelting of iron. 

20. Stockyards. 

21. Storage or baling of scraps, papej, rags or junk. 

22. Sulphuric, nitric or hydrochloric acid manufacture. 

23. Tar distillation or manufacture. 

24. Tar roofing or tar waterproofing manufacture. 

25. Wool pulling and scouring. 

26. Yeast plant. 

27. Those uses which constitute a nuisance or which 
may be noxious or offensive by reason of the emission of 
odor, dust, smoke, gas or noise. 

28. All uses excluded from Heavy Industrial Districts, 
except single dwellings, flats and tenement houses. 

Iron, steel or brass foundries operating closed furnaces 
may be conducted in this district upon permit from the 
Board of Supervisors, but not otherwise. ” 

Section 7. Heavy Industrial District — In a heavy In- 
dustrial District no building or premises shall be used 
and no building shall be constructed or altered, which 
is arranged, intended or designed to be used for any of 
the following specified trades, industries or uses: 

1. Single dwelling, flat or tenement house. 

2. Abattoir. 


3. Candle factory. 

4. Distillation of coal, bones or wood. 

5. Fat rendering. 

6. Fertilizer manufacture. 

7. Glue, size or gelatin manufacture. 

8. Incineration or reduction of garbage, offal, dead 
animals or refuse. 

9. Tallow, grease or lard manufacture. 

Provided, the erection and maintenance of dwelling 

quarters in connection with any industrial establishment 
for the family of a watchman may be allowed. 

Section 8. Unrestricted District — In the Unrestricted 
District no use restrictions are placed on any of the 
property except as are imposed by law or municipal 
ordinance. 

Section 9. Non-Conforming Building and Uses — Any 

non-conforming use existing at the time of the passage 
of this ordinance may be continued and any existing 
building, designed, arranged, intended or devoted to a 
non-conforming use may be reconstructed or structurally 
altered and the non-conforming use therein changed sub- 
ject to the following regulations: 

1. The cost of reconstruction or structural alteration 
of such a building shall in no cqse exceed 50 per cent of 
its assessed value, nor shall the building be enlarged 
unless the use thereof is changed to a conforming use. 

2. No non-conforming use shall be enlarged at the 
expense of a conforming use. 

3. In a residence district no building or premises de- 
voted to a use permitted in a commercial district shall 
be changed into a use excluded from the commercial 
district. 

4. In a residence or commercial district no building 
or premises devoted to a use permitted in a light indus- 
trial district shall be changed into a use excluded from a 
light industrial district. 

5. In a residence, commercial or light industrial dis- 
trict no existing building or premises devoted to a use 
excluded from the light industrial district shall be struc- 
turally altered if its use shall have been changed since 
the passage of this ordinance to another use also excluded 
from a light industrial district. A change of use for the 
purpose of this subdivision shall be deemed to include 
any change from a use included in an enumerated sub- 
division of section 6 to a use included in another enumer- 
ated subdivision of section 6. 

6. In a residence, commercial or light industrial dis- 
trict no building or premises devoted to a use excluded 
from a light industrial district shall have its use changed 
to another use which is also excluded from a light indus- 
trial district if the building shall have been structurally 
altered since the time of passage of this ordinance. A 
change of use for the purpose of this subdivision shall be 
deemed to include any change from a use included in an 
enumerated subdivision of section 6 to a use included in 
another enumerated subdivision of section 6. 

Section 10. Alterations or Changes in Districts — The 
owner of any property within the City and County desir- 
ing to change the classification applicable to his property 
as the same appears upon the official use of property zone 
map made a part of this ordinance, shall file an application 
with the Clerk of the Board of Supervisors stating the na- 
ture of the change desired. Such application shall be 
accompanied by a map or diagram showing the bound- 
aries of the area sought to be reclassified, together with 
the names and addresses of all the owners of property 
therein and within a distance of 275 feet outside of the 
exterior boundaries of said area. Immediately upon the 
filing of said application the same shall be transmitted to 
the City Planning Commission for an investigation and 
report. Within sixty days after receiving said applica- 


tion the City Planning Commission shall fix a time for 
hearing the same and shall notify the applicant and all 
persons whose names appear as owners of property 
within the distance of 275 feet of the property delineated 
upon the map accompanying said application. Such hear- 
ing may be continued from time to time so that all parties 
interested may have opportunity to be heard in relation 
thereto. Upon the conclusion of such hearing, or at the 
request of a majority of the Board of Supervisors, the 
City Planning Commission shall report to the Board of 
Supervisors its recommendations and conclusions in re- 
spect thereto. The Board of Supervisors may by resolu- 
tion request the City Planning Commission to hear and 
consider any proposed change in the classification of any 
area or the City Planning Commission may of its own 
initiative recommend a reclassification of any area. 

Section 11. Upon the receipt of the report of the City 
Planning Commission, the Board of Supervisors shall 
consider the same and may change or refuse to change 
the classification applied for or reported upon. If the 
classification of any area is changed an ordinance shall 
accordingly be passed and thereupon the City Planning 
Commission shall change the official use of property zone 
map in conformity therewith. 

If any area is hereafter transferred to another district 
by a change in district boundaries by an amendment, as 
above provided, the provisions of this ordinance in regard 
to the premises or building existing at the time of the 
passage of this ordinance shall apply to buildings or 
premises at the time of passage of such amendment in 
such transferred area. 

Section 12. Interpretation — Purpose — In interpreting 
and applying the provisions of this ordinance they shall 
be held to be the minimum requirements adopted for the 
promotion of the public health, safety, comfort, conven- 
ience and general welfare. It is not intended by this 
ordinance to repeal, abrogate, annul or in any way to 
impair or interfere with any existing provision of law or 
ordinance or any rules, regulations or permits previously 
adopted or issued or which shall be adopted or issued 
pursuant to the law relating to the use of buildings or 
premises ; nor is it intended by this ordinance to interfere 
with or abrogate or annul any easement, covenant or 
other agreements between parties; provided, however, 
that where this ordinance imposes a greater restriction 
upon the use of buildings or premises than is imposed 
or required by such existing provisions of law or ordi- 
nance or by such rules, regulations or permits or by such 
easements, covenants or agreements, the provisions of 
this ordinance shall control. 

Section 13. Unlawful Use — Certificate of Occupancy 
— It shall be unlawful to use or permit the use of any 
building or premises or part thereof hereafter con- 
structed, erected, changed or converted wholly or in part 
in its use or structure until a certificate of occupancy to 
the effect that the building or premises or the part thereof 
so constructed, erected, changed or converted and the 
proposed use thereof conform to the provisions of this 
ordinance shall have been issued by the Chief Building 
Inspector. In the case of such buildings or premises it 
shall be the duty of the Chief Building Inspector to issue 
a certificate of occupancy within ten days after a request 
for the same shall be filed in his office by any owner of 
a building or premises or the part thereof, so constructed, 
erected, changed or converted, and the proposed use 
thereof, conforms with all the requirements herein set 
forth. A temporary certificate of occupancy for a part 
of a building may be issued by the Chief Building Inspec- 
tor. Upon written request from the owner, the Chief 
Building Inspector shall issue a certificate of occupancy 
for any building or premises existing at the time of the 


passage of this ordinance certifying after inspection the 
use of the building or premises and whether such use 
conforms to the provisions of this ordinance. 

Section 14. Enforcement, Legal Procedure, Penalties 

— It shall be the duty of the Board of Public Works, 
Board of Health, Police Department, Fire Department 
and Department of Electricity to enforce this ordinance. 

Any person, firm or corporation violating any provi- 
sions of this ordinance shall be guilty of a misdemeanor, 
and upon conviction thereof shall be punishable by a fine 
of not more than $500 or by imprisonment for a term not 
exceeding six months, or by both such fine and imprison- 
ment. Such person, firm or corporation shall be deemed 
guilty of a separate offense for each and every day during 
any portion of which any violation of this ordinance is 
committed, continued, or permitted by such person, firm 
or corporation, and shall be punishable as herein provided. 

Section 15. District Boundaries — District boundaries 
are, unless otherwise indicated, street lines, but where 
two or more district designations are shown within a 
block 200 feet or less in width the boundary of a less re- 
stricted district shall be deemed 100 feet back from its 
street line. Where two or more district designations are 
shown within a block more than 200 feet in width the 
bounding- line shall be deemed 13 7^4 feet back from the 
street line of the less restricted district, or shall be the 
rear lot line of the lots fronting on the less restricted dis- 
trict. Where uncertainty exists as to the exact boundary 
line^ the line shall be determined by the City Planning 
Commission upon written application and a record 
thereof kept in the office of that Commission. 

Section 16. Building Permits — No building permit 
shall be issued by the Board of Public Works for the 
erection or alteration of any building or structure con- 
trary to the provisions of this ordinance. 

Each application for a building permit hereafter filed 
with the Board of Public Works shall be accompanied 
by a statement as to the use of the building to be con- 
structed or altered on blapks to be furnished by the Board 
of Public Works. On each application there shall be 
shown an accurate block plan of the location of the build- 
ing on the lot drawn to a scale of 16 feet to 1 inch. 

Section 17. Completion of Proposed Buildings and 
Restoration of Building Wholly or Partially Destroyed — 

Nothing herein contained shall require any change in 
the plans, construction or designated use of a building 
for which a building permit has been heretofore issued, 
provided, however, the work of construction must be 
commenced under such permit within ninety days after 
passage of this ordinance and must be diligently prose- 
cuted until the completion of the building for which such 
permit has been granted. Nothing in this ordinance shall 
prevent the restoration of a building wholly or partly 
destroyed by fire, earthquake, explosion, act of God or 
act of a public enemy, or prevent the continuance of the 
use of such building or part thereof as such use existed 
at the time of such destruction of such building or part 
thereof, or prevent a change of such existing use under 
the limitations provided in section 9. Nothing in this 
ordinance shall prevent the restoration of a wall declared 
unsafe by the Board of Public Works. 

Section 18. The official and original copy of the use 
of property zone maps shall be kept in the office of the 
Clerk of the Board of Supervisors. Certified copies 
thereof shall be deposited with the City Planning Com- 
mission and with the Board of Public Works; also one 
such copy shall be filed for record in the Recorder’s office. 

Section 19. This ordinance shall take effect and be in 
force from and after its passage. 


Map Designations for Use of 
Property Zone Maps 


FIRST RESIDENTIAL D1ST. 
SECOND ” 
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